BILL NUMBER: AB 992	CHAPTERED  09/27/99

	CHAPTER   496
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   AUGUST 16, 1999

INTRODUCED BY   Assembly Member Wayne

                        FEBRUARY 25, 1999

   An act to amend Sections 48020, 48021, and 48028 of the Public
Resources Code, relating to solid waste, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 992, Wayne.  Solid waste disposal sites:  cleanup.
   (1) The existing California Integrated Waste Management Act of
1989 required the California Integrated Waste Management Board, on
January 1, 1994, to initiate a program for the cleanup of solid waste
disposal sites and for cleanup of solid waste at codisposal sites
where no responsible party is available to pay for timely
remediation, and where cleanup is needed to protect public health and
safety or the environment.  Existing law provides that all expenses
incurred by the board in carrying out the program shall be paid from
the Solid Waste Cleanup Trust Fund.  Existing law provides that the
board may not expend more than $300,000 annually for administration
of the program and may not expend more than $5,000,000 from the trust
fund in any fiscal year.
   This bill would eliminate those monetary limitations, but would
instead prohibit the board from expending more than 5% of the amount
appropriated for the program to administer the program, unless a
different amount is otherwise appropriated to administer the program
in the annual Budget Act.
   (2) Existing law authorizes the board, in administering the
program, to expend funds for specified purposes, including providing
loans to responsible parties who make a specified demonstration
regarding loan repayment, and providing matching grants to local
governments.  The board is also authorized to provide grants to
certified local enforcement agencies to abate illegal disposal sites.

   This bill would instead authorize the board to expend funds to
provide loans to private parties that make that demonstration and to
provide matching grants to public entities.  The bill would
additionally authorize the board to provide grants to all public
entities, rather than only certified local enforcement agencies, for
the abatement of illegal disposal sites.
   The bill would make other nonsubstantive changes.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48020 of the Public Resources Code is amended
to read:
   48020.  (a) For purposes of this article, the following terms have
the following meaning:
   (1) "Codisposal site" means a hazardous substance release site
listed pursuant to Section 25356 of the Health and Safety Code, where
the disposal of hazardous substances, hazardous waste, and solid
waste has occurred.
   (2) "Trust fund" means the Solid Waste Cleanup Trust Fund created
pursuant to Section 48027.
   (b) The board shall, on January 1, 1994, initiate a program for
the cleanup of solid waste disposal sites and for the cleanup of
solid waste at codisposal sites where the responsible party either
cannot be identified or is unable or unwilling to pay for timely
remediation, and where cleanup is needed to protect public health and
safety or the environment.
   (c) The board shall not expend more than 5 percent of the funds
appropriated for the purpose of the program by a statute other than
the Budget Act to administer that program, unless a different amount
is otherwise appropriated to administer the program in the annual
Budget Act.  If a different amount is appropriated to administer the
program in the annual Budget Act, it shall be set forth in a separate
line item.  All remaining funds appropriated for the purposes of the
program shall be expended on direct cleanup or emergency actions at
solid waste disposal sites and for solid waste at codisposal sites.

  SEC. 2.  Section 48021 of the Public Resources Code is amended to
read:
   48021.  (a) In prioritizing the sites for cleanup pursuant to
Section 48020, the board shall consider the degree of risk to public
health and safety and the environment posed by conditions at a site,
the ability of the site owner to clean up the site without monetary
assistance, the ability of the board to adequately clean up the site
with available funds, maximizing the use of available funds, and
other factors as determined by the board.
   (b) In administering the program authorized by Section 48020, the
board may expend funds directly for cleanup, provide loans to parties
who demonstrate the ability to repay state funds, and provide
matching grants to public entities, to assist in site cleanup.
   (c) In addition to the expenditures specified in subdivision (b),
the board may expend a portion of the funds appropriated for the
program to abate illegal disposal sites.  For the purposes of this
subdivision, the board may provide grants to public entities.  Where
funds are provided by the board to address illegal disposal sites
within a jurisdiction, the local enforcement agency shall provide
ongoing enforcement to prevent recurring illegal disposal at the
site.
   (d) In developing and implementing the program, the board shall
consult with certified local enforcement agencies and the regional
water boards.
  SEC. 3.  Section 48028 of the Public Resources Code is amended to
read:
   48028.  Any funds appropriated for the purpose of the program that
are not expended shall remain in the trust fund for future
expenditure by the board for the purposes of this article or until
this article is repealed.
